Common use of Terms Agreement Clause in Contracts

Terms Agreement. Each sale of the Shares to a Manager shall be made in accordance with the terms of this Agreement and, if applicable, a Terms Agreement, which will provide for the sale of such Shares to, and the purchase thereof by, such Manager. A Terms Agreement may also specify certain provisions relating to the reoffering of such Shares by such Manager. The commitment of such Manager to purchase the Shares pursuant to any Terms Agreement shall be deemed to have been made on the basis of the representations and warranties of the Company herein contained, but modified in the manner described in Section 3(a)(viii) hereof, and shall be subject to the terms and conditions herein set forth. Each Terms Agreement shall specify the number of the Shares to be purchased by such Manager pursuant thereto, the price to be paid to the Company for such Shares, any provisions relating to rights of, and default by, underwriters acting together with such Manager in the reoffering of the Shares, and the time and date (each such time and date being referred to herein as a “Time of Delivery”) and place of delivery of and payment for such Shares. Such Terms Agreement shall also specify any requirements for opinions of counsel, accountants’ letters and officers’ certificates pursuant to Section 6 of this Agreement and any other information or documents required by such Manager.

Appears in 3 contracts

Samples: Terms Agreement (3d Systems Corp), Terms Agreement (Targa Resources Corp.), Terms Agreement (Targa Resources Corp.)

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Terms Agreement. Each sale of the Shares Units to a the Manager shall be made in accordance with the terms of this Agreement and, if applicable, a Terms Agreement, which will provide for the sale of such Shares Units to, and the purchase thereof by, such the Manager. A Terms Agreement may also specify certain provisions relating to the reoffering of such Shares Units by such the Manager. The commitment of such the Manager to purchase the Shares Units pursuant to any Terms Agreement shall be deemed to have been made on the basis of the representations and warranties of the Company Partnership herein contained, but modified in the manner described in Section 3(a)(viii) hereof, and shall be subject to the terms and conditions herein set forth. Each Terms Agreement shall specify the number of the Shares Units to be purchased by such the Manager pursuant thereto, the price to be paid to the Company Partnership for such SharesUnits, any provisions relating to rights of, and default by, underwriters acting together with such the Manager in the reoffering of the SharesUnits, and the time and date (each such time and date being referred to herein as a “Time of Delivery”) and place of delivery of and payment for such SharesUnits. Such Terms Agreement shall also specify any requirements for opinions of counsel, accountants’ letters and officers’ certificates pursuant to Section 6 of this Agreement and any other information or documents required by such the Manager.

Appears in 2 contracts

Samples: Terms Agreement (Targa Resources Partners LP), Terms Agreement (Targa Resources Partners LP)

Terms Agreement. Each sale of the Shares to a the Manager shall be made in accordance with the terms of this Agreement and, if applicable, a Terms Agreement, which will provide for the sale of such Shares to, and the purchase thereof by, such the Manager. A Terms Agreement may also specify certain provisions relating to the reoffering of such Shares by such the Manager. The commitment of such the Manager to purchase the Shares pursuant to any Terms Agreement shall be deemed to have been made on the basis of the representations and warranties of the Company herein contained, but modified in the manner described in Section 3(a)(viii) hereof, contained and shall be subject to the terms and conditions herein set forth. Each Terms Agreement shall specify the number of the Shares to be purchased by such the Manager pursuant thereto, the price to be paid to the Company for such Shares, any provisions relating to rights of, and default by, underwriters acting together with such the Manager in the reoffering of the Shares, and the time and date (each such time and date being referred to herein as a “Time of Delivery”) and place of delivery of and payment for such Shares. Such Terms Agreement shall also specify any requirements for opinions of counsel, accountants’ letters and officers’ certificates pursuant to Section 6 of this Agreement and any other information or documents required by such the Manager.

Appears in 2 contracts

Samples: Terms Agreement (Teekay Tankers Ltd.), Teekay Tankers Ltd.

Terms Agreement. Each sale of the Shares Offered Units to a any Manager shall be made in accordance with the terms of this Agreement and, if applicable, a Terms Agreement, which will provide for the sale of such Shares Offered Units to, and the purchase thereof by, such Manager. A Terms Agreement may also specify certain provisions relating to the reoffering of such Shares Offered Units by such Manager. The commitment of such any Manager to purchase the Shares Offered Units pursuant to any Terms Agreement shall be deemed to have been made on the basis of the representations and warranties of the Company Partnership herein contained, but modified in the manner described in Section 3(a)(viii) hereof, contained and shall be subject to the terms and conditions herein set forth. Each Terms Agreement shall specify the number of the Shares Offered Units to be purchased by such Manager pursuant thereto, the price to be paid to the Company Partnership for such SharesOffered Units, any provisions relating to rights of, and default by, underwriters acting together with such Manager in the reoffering of the SharesOffered Units, and the time and date (each such time and date being referred to herein as a “Time of Delivery”) and place of delivery of and payment for such SharesOffered Units. Such Terms Agreement shall also specify any requirements for opinions of counsel, accountants’ letters and officers’ certificates pursuant to Section 6 of this Agreement and any other information or documents required by such Manager.

Appears in 2 contracts

Samples: Terms Agreement (DCP Midstream, LP), DCP Midstream Partners, LP

Terms Agreement. Each sale of the Ordinary Shares to a Manager the Agents shall be made in accordance with the terms of this Agreement and, if applicable, a Terms Agreement, which will provide for the sale of such Ordinary Shares to, and the purchase thereof by, such Managerthe Agents. A Terms Agreement may also specify certain provisions relating to the reoffering of such Ordinary Shares by such Managerthe Agents. The commitment of such Manager the Agents to purchase the Ordinary Shares pursuant to any Terms Agreement shall be deemed to have been made on the basis of the representations and warranties of the Company herein contained, but modified in the manner described in Section 3(a)(viii) hereof, contained and shall be subject to the terms and conditions herein set forth. Each Terms Agreement shall specify the number of the Ordinary Shares to be purchased by such Manager the Agents pursuant thereto, the price to be paid to the Company for such Ordinary Shares, any provisions relating to rights of, and default by, underwriters Agents acting together with such Manager in the reoffering of the Ordinary Shares, and the time and date (each such time and date being referred to herein as a “Time of Delivery”) and place of delivery of and payment for such Ordinary Shares. Such Terms Agreement shall also specify any requirements for opinions of counsel, accountants’ letters and officers’ certificates pursuant to Section 6 of this Agreement and any other information or documents required by such Managerthe Agents. No Terms Agreement may authorize the sale of fractional Ordinary Shares.

Appears in 1 contract

Samples: Terms Agreement (Ferroglobe PLC)

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Terms Agreement. Each sale of the Shares to a Manager shall be made in accordance with the terms of this Agreement and, if applicable, a Terms Agreement, which will provide for the sale of such Shares to, and the purchase thereof by, such Manager. A Terms Agreement may also specify certain provisions relating to the reoffering of such Shares by such Manager. The commitment of such Manager to purchase the Shares pursuant to any Terms Agreement shall be deemed to have been made on the basis of the representations and warranties of the Company Partnership herein contained, but modified in the manner described in Section 3(a)(viii) hereof, contained and shall be subject to the terms and conditions herein set forth. Each Terms Agreement shall specify the number of the Shares to be purchased by such Manager pursuant thereto, the price to be paid to the Company Partnership for such Shares, any provisions relating to rights of, and default by, underwriters acting together with such Manager in the reoffering of the Shares, and the time and date (each such time and date being referred to herein as a “Time of Delivery”) and place of delivery of and payment for such Shares. Such Terms Agreement shall also specify any requirements for opinions of counsel, accountants’ letters and officers’ certificates pursuant to Section 6 of this Agreement hereof and any other information or documents required by such Manager.

Appears in 1 contract

Samples: Equity Distribution Agreement (Plains Gp Holdings Lp)

Terms Agreement. Each sale of the Shares Offered Units to a the Manager shall be made in accordance with the terms of this Agreement and, if applicable, a Terms Agreement, which will provide for the sale of such Shares Offered Units to, and the purchase thereof by, such the Manager. A Terms Agreement may also specify certain provisions relating to the reoffering of such Shares Offered Units by such the Manager. The commitment of such the Manager to purchase the Shares Offered Units pursuant to any Terms Agreement shall be deemed to have been made on the basis of the representations and warranties of the Company herein contained, but modified in the manner described in Section 3(a)(viii) hereof, contained and shall be subject to the terms and conditions herein set forth. Each Terms Agreement shall specify the number of the Shares Offered Units to be purchased by such the Manager pursuant thereto, the price to be paid to the Company for such SharesOffered Units, any provisions relating to rights of, and default by, underwriters acting together with such the Manager in the reoffering of the SharesOffered Units, and the time and date (each such time and date being referred to herein as a “Time of Delivery”) and place of delivery of and payment for such SharesOffered Units. Such Terms Agreement shall also specify any requirements for opinions of counsel, accountants’ letters and officers’ certificates pursuant to Section 6 of this Agreement and any other information or documents required by such the Manager.

Appears in 1 contract

Samples: Terms Agreement (Niska Gas Storage Partners LLC)

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